MONTGOMERY COUNTY, Texas -- Nicole Baukus drank 21 servings of alcohol in June of 2012 then got in her pickup truck, driving the wrong way on I-45 near The Woodlands. She collided with three teens in a Chevy Aveo, killing two of them and crippling the third teenage passenger.
A Montgomery County jury gave her a total of 38 years, 15 years each for the deaths of Travis Saunders and Nicole Adams and eight for the injuries she caused David Porras. The sentences were set to run consecutively.
But Baukus has filed an appeal, citing the consecutive sentence as cruel and unusual punishment.
When Saunders' father heard about the appeal he said he was “outraged."
The appeal also claimed Baukus' lawyer gave her bad advice.
"Their main argument," said Montgomery County Assistant District Attorney Andrew James, "is that she is entitled to a new trial because her trial attorney Mr. McDougal was ineffective."
A jury could have given Baukus 50 years instead of 38.
"She's not one to accept responsibility," said Fred Saunders whose son Travis died in the June 29, 2012 crash. "I don't think she was raised to accept responsibility. I raised my kids to accept responsibility for their consequences."
Saunders finds some comfort in fond memories of his son.
"Wanted to be a hairstylist which is lil' bit different from me cause I'm just straight up redneck," Saunders said. "I was like, 'Whatever you want to do kid. That's cool with me.'"
Saunders cannot talk with his son anymore but he has a message for Nicole Baukus.
"If you're watching me right now, shame on you. Shame on you. Put yourself in my position. Put yourself in the other families' position and think about what we have to go through. What we've been going through and what we'll have to continue to go through for the rest of our lives," he said.
Baukus remains in the Montgomery County jail but could soon be moved to a Texas prison as she goes through the appeals process.